Monday, August 24, 2009

ADVERTISING-WHAT'S THE RISK?

You should be aware that most Comprehensive General Liability forms include coverage for Personal Injury and Advertising Injury liability. Below is a definition and sample claim scenario related to Advertising. In my next post, I will address "Personal Injury".
ADVERTISING INJURY LIABILITY
"Advertising Injury" means injury rising out of an offense committed in the course of your advertising activities, if such injury rises out of libel, slander, defamation, violation of right of privacy, piracy, unfair competition or infringement of copyright, title or slogan.
COULD THIS BE YOU??
Willie Widget and several of his colleagues began a start-up company, Willie Widgets, Inc.(WW). WW makes widgets in a market sector populated by a handful of competitors. Willie and his engineers who design the widgets all worked together at a competing firm.
WW later implements a broad campaign to launch its new product, the Wonder Widget. A WW competitor is impressed with the Wizard advertising and notes that some of the functions of the product closely resembles theirs. The competing firm sues WW for piracy, copyright, and trademark infringement.
QUESTIONS
What if this scenario happened to your business? Have you secured the correct coverage?
If you are in the Advertising business, you should have a professional liability policy in-force. Professional media firms will not find coverage for their business activities under the commercial general liability form.
What if you only provide advice? Consultants who advertise their expertise and knowledge are subject to the same exposures as a firm that sells tangible products.
Make sure your business risk assessment is broad and comprehensive.
Discover the "not-so-obvious"!!!!

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